The Protection And Restriction Of Shareholders’ Rights In The Reorganization Of Company

The Enterprise Law of the People’s Republic of China stipulates that the shareholders ofthe debtor can be a participant to the bankruptcy reorganization system. But the stipulationson the rights of the shareholders on the bankruptcy reorganization system are abbreviated, andthe relevant research of the domestic academe is little.For shareholders in the reorganization of the enterprise role should have a correct andobjective understanding. In fact, the shareholders as a corporate restructuring in the interestedparties, considering the shareholders the pursuit of maximizing the benefits of profit-drivennature, relative to the bankruptcy liquidation of the “tragic results”, shareholders in thesubjective or hope that enterprises can successful reorganization, so that the hands of theequity interest to be restored and even add value. From this point of view, the shareholders forthe enterprise reforming service subjective willing to hope and driving force, so the rights ofshareholders should give be the application value and protection, But from another point ofview, shareholders’ profit nature can be driven by the shareholders in the reorganization of theenterprise play in the construction, but also shareholders self-interestedness inducement.When face a trade-off between the enterprise reforming of common interests and their owninterests, shareholders will often choose the latter, which do harm to the reorganization of theenterprise behavior, therefore, to the exercise of shareholders’ rights should be given thenecessary restriction and effective supervision.The thesis take the bankruptcy case of the WUGUDAOCHANG company as an example,combining with the legislation and practice of our country and explaining the protection andlimitation of the shareholders’ rights in the bankruptcy reorganization system.In addition to the article introduction, conclusion, divided into three parts:The first part discusses the significance of the protection and restriction of shareholders’rights in bankruptcy reorganization. The second part discusses the rights of shareholders inbankruptcy reorganization. The third part discusses the restriction of he rights of shareholdersin bankruptcy reorganization.